The URL can be used to link to this page

Home My WebLink About7/1/2009 - STAFF REPORTS - 2.G. Q A MM$,o D� 4� y u rn fa ^. City Council Staff Report Date: JULY 1, 2009 CONSENT CALENDAR Subject: APPROVAL OF SECOND AMENDMENT TO AGREEMENT NO. 5090 FOR REAL PROPERTY SERVICES WITH RIVERSIDE COUNTY ASSOCIATED WITH THE INDIAN AVENUE / INTERSTATE 10 INTERCHANGE, CITY PROJECT 00-14 From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY Agreement No. 5090 with Riverside County, approved by City Council on May 4, 2005, provides the City with real property services (appraisals and acquisition) associated with the Indian Avenue/Interstate 10 Interchange Project (City Project 00-14) for a not to exceed contract amount of $199,800. The Second Amendment to the Agreement is proposed to increase the amount of the original contract by $60,000 for a new not to exceed contract amount of$259,800, RECOMMENDATION: 1) Approve Second Amendment to Agreement No. 5090 with the County of Riverside, in an amount of $60,000 for a revised total contract amount of $259,800 for Real Property Services Associated with the Indian Avenue/Interstate 10 Interchange, City Project 00-14; and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: On May 4, 2005, City Council approved Agreement No. 5090 with Riverside County to provide the City with real property services (appraisals and acquisition) associated with the Indian Avenue/Interstate 10 Interchange Project (City Project 00-14) for a not to exceed contract amount of $199,800. On June 4, 2008, the City Council approved the First Amendment to Agreement No. 5090 which extended the term of the agreement to December 31, 2010, and updated Riverside County's fee schedule. There was no increase to the original contract amount with the First Amendment. ITEM NO. �'1 City Council Staff Report July 1, 2009 - Page 2 Second Amendment to Agreement No. 5090 The City obtained FHWA approval of the environmental document for the Interchange Project in October 2006, allowing the project to proceed with the right-of-way acquisition phase. Since then, the City and Riverside County have been working to secure all necessary rights-of-way for this project. At this time, approximately half of the required rights-of-way have been secured, with several agreements pending. Negotiations with three property owners have not yet been settled. During right-of-way negotiations, two of the properties impacted by this project changed ownership due to foreclosure, requiring Riverside County to re-initiate negotiations with the new owners. The extent of the right-of-way negotiations has exceeded the original expectations of the agreement with Riverside County, and it is necessary to increase the maximum compensation of the agreement by $60,000 for a new total contract amount of $259,800 to ensure the agreement provides sufficient funding to reimburse Riverside County for its services. FISCAL IMPACT: Sufficient funding is available in Local Measure A account 134-4498-50185. aj� Qr David J. Barakian Thomas J- Wilson Director of Public Works/City Engineer Assistant City Manager David H. Ready, City ATTACHMENTS: 1. Second Amendment to Agreement No. 5090 ATTACHMENT SECOND AMENDMENT TO AGREEMENT NO. 5090 1 SECOND AMENDMENT TO AGREEMENT FOR REAL PROPERTY SERVICES 2 INDIAN 11-10 INTERCHANGE IN THE CITY OF PALM SPRINGS, CALIFORNIA 3 Whereas, the First Amendment to Agreement for Real Property Services ("Agreement") 4 referenced as Exhibit "A" attached hereto and made a part hereof, was approved by the Palm Springs City Council on June 4, 2008 and approved and executed by the Riverside County 5 Board of Supervisors on September 2, 2008 (minute order 3.67), is made by and between the County of Riverside, herein called "County", acting by and through its Agency for Economic 5 and Facility Development, Real Estate Division, herein called `Real Estate", and the City of Palm Springs, herein called "City". 7 WHEREAS, the County continues to settle with and negotiate with the 17 property 8 owners (including 1 billboard owner) needed for the Project. 9 WHEREAS, on or about March 2009, the County determined that additional acquisition activities are needed to complete the Project, including other associated activities such as 10 appraisal, escrow and title. 11 WHEREAS, the term of the First Amendment does not expire until December 31, 2010 or completion of the services. 12 WHEREAS, all terms and conditions of the Agreement remains the same, except as 13 modified in supplemented herein by the Second Amendment. 14 NOW, THEREFORE, it is agreed as follows: 15 1. Compensation Schedule 16 Costs for additional work shall be reimbursed by City to Real Estate as incurred. Work 17 performed by Real Estate between the date of execution of this Second Amendment by both parties and the expiration date of the First Amendment to Agreement shall be at the rate of 18 $127,52 per hour not to exceed $60,000 over the term of the Agreement. This rate is subject to further change by the Riverside County Board of Supervisors annually on each July 1't 19 2. List of Properties 20 Exhibit "A-1" of the Agreement is hereby superseded by the list of ownerships and 21 parcels attached hereto as Exhibit A-2 and made a part hereof. Real Estate shall have no involvement in conveyances of property interests between City and Caltrans or between City 22 and County or between County and Caltrans. 23 24 25 [SIGNATURES ON FOLLOWING PAGE] 1 Dated: CITY OF PALM SPRINGS 2 By. 3 City Manager ATTEST: 4 5 By City Clerk 6 APPROVED AS TO FORM: 7 s By; City Attorney 9 10 Dated: COUNTY OF RIVERSIDE 11 ATTEST: By: 12 Jeff Stone, Chairman Kecia Harper-Them Board of Supervisors 13 Clerk of the Board 19 By. 15 Deputy [SEAL] 16 APPROVED AS TO FORM: 17 Pamela J. Walls County Counsel 1.8 19 By Synthia M. Gunzel Deputy County Counsel 21 22 23 24 25 _ ��CHtBiT "�1" �D R(viLii�970: LL,rz71,1" CITY UP Pl.(i Si%R?ItiGSm > � II BOX:713 P AU'":PHV\• ,CA 92263 FIRST AMENDMENT TO AGREEMENT FOR REAL PROPERTY SERVICES 2 INDIAN/1-10 INTERCHANGE IN THE CITY OF PALM SPRINGS, CALIFORNIA 3 This First Amendment to the original Agreement for Real Property Services 4 ("Agreement") that was approved by the Palm Springs City Council on May 4, 2005 (minute order 7663) and executed on May 26, 2005,and was approved and executed by the Riverside 5 County Board of Supervisors on July 12, 2005 (minute order 3.34), is made by and between the County of Riverside, herein called "County", acting by and through its Department of 6 Facilities Management, Real Estate Division, herein called "Real Estate", and the City of Palm Springs, herein called"City". 7 1. Term. e The term of the original Agreement expired on December 31, 2006. County and City 9 mutually agree to extend the term of the Agreement through the earlier of December 31, 2010, or completion of the services. 10 2. Compensation schedule 11 Costs for additional appraisal work shall be reimbursed by City to Real Estate as 12 incurred. Work performed by Real Estate between the original expiration date of the Agreement and the date of execution of this agreement by both parties shall be at the rate of 13 Sixty Dollars ($60.00) per hour. The hourly rate set forth in Section 4 of the Agreement shall be changed effective the date that this agreement is executed by both parties, to $127.52 per 14 hour. This rate is subject to further change by the Riverside County Board of Supervisors annually on each July 15, J.5 3. List of Properties 1G Exhibit "A" of the Agreement is hereby superseded by the list of ownerships and 17 parcels attached hereto as Exhibit A-1 and made a part hereof. Real Estate shall have no involvement in conveyances of property interests between City and Caltrans or between City 18 and County or between County and Caltrans. 19 20 21 22 23 24 25 SEP 2 2008 � CITY OF Pp, h CrRIfJUS P'J): aT;" ,PAU0$Pr�'N 5,CA cj=;. Alt other terms and conditions of the Agreement shall remain unchanged and in effect. 2 3 Dated: UU 1 CITY of PALM SPRINGS 4 � By: e � 5 City Mffnager ATTEST: 6 7 By, City Clerk APPROVED BY C"COUNCIL s PPROVED S TO FORM: 6- ,Db 10 BY; / City Attorney 11 REVIEWED AND RE MMENDED FOR APPROVAL: G 12 / 13 gy; gy: 9 i0jfis R. Forcc Robert- Field, Director 14 u ervising Real Property Agent Department of Facilities management 15 Dated: SEP 22098 COUNT RIVErya� 16 AT TEST: [ey: 17 Chairman .,,n�,ry'-' Nancy Romero B rd of Supervisors 1$ Clerk of the Board 19 /� 13y C 20 D5 uty [SEAL] . 21 APPROVED AS TO FORM: 22 Joe S. Rank JRF:Iw County Counsel 051181OB 23 001PG 10 sae46 24 By 25 SEP 2 2008 d• 7 myd�mHBI�T 'A" Pin eCl Cctle MPG Department, Pro vats - Prp,e¢Nara 6 ahm o In a Appraisals complete,2108 I.10IINDIAN INTERCHANGE PROPERTY INFORMATION Prcper110 ARN _ _ _ Owner _ _ Pscrow Clo;.ed_ _StiPulisd_ Dc1aJl TCE Only 13803 009-050-004,169-060-005,669-060• RCbCrtW Miner OOG,656-000.01E 666-330-009 13869 666370.035 Senika LLG 13870 665330.039 Kayo Gil Company 13971 60G330.060 Allen a Ham 13872 556330-054 M-Six Penes)II Business Trust 13M 666yZMM Jwon G.Wilson 12769 666-330.059,66E330-W0,660-330• 110 Garnct Partncrhlp(1595) n 061,666-330.063,669330-068,666- 330-069 666330-070,056-330.071 �I- $65,330,072 ..J_ 13800 666-330-081 6SC„330-062 PilM Travel Venlurec 13301 668-a70-023 Henry Gli,Aar 13802 666-3704N Chang Family Psrmcrs 13004 669.OG01019 Vctoda Land P-drierE � 133a5 669-001-017,66s•097.010 Palm Springs Partners > 13901 066.370.006 Thilina Galasodya anti Manna Juy=ntdena 13982 609A93-011 Robert W,Miner,TmNee 13987 666S30-0511 66"20-047 Palm springs FMOW3Y Grwelopmeet 1� Prv(ae�iu3 i�Chos grtljea2 NJMnud�yr,npin tip 10E6 vnpe r Of I EXHIBIT "A-Z" Project Name: 1-10/Indian Avenue Interchange—Palm Springs Project Code: 001PG Property ID APN Owner 13799 666-330-059, 666-330-060, 1995 1-10 Indian Avenue Partners, LP 666-330-068, and 666-330-069 13800 666-330-081 and 666-330-082 Pilot Travel Ventures 13801 666-370-023 Olivier 13802 666-370-025 Chang Family Partners 13803 669-060-004, 669-060-005, Robert Miner 669-060-006, 666-060-018, 666-330-008 13982 669-093-011 Robert Miner 13804 669-060-019 Victoria Land Partners 13805 669-091-017 and 669-091-018 Palm Springs Partners 13806 666-370-022 OakLree Apartments 13869 666-370-005 Sonika LLC 13870 666-330-039 Convenience Retailers LLC 13871 666-330-050 Allen Horn 13873 666-330-064 James Wilson 13981 666-370-006 Gregory Roman 13987 666-330-058, 666-330-043 Palm Springs Freeway Development LLC 14333 666-370-025 Tesoro Media 14464 666-330-061, 666-330-063, 0odrill and Martinez Render 666-330-070, 666-330-071, and 666-330-072 t �'